(a) Applicability. This section applies to developmental centers and facilities certified by OPWDD, including family care. It does not apply to service recipients of Clinic Treatment Facilities as defined in Part 679 of this title.

• Existing paragraph 633.14(b)(8) is amended as follows:

(8) Service provider. A developmental center or operator of a facility certified by OPWDD, other than Clinic Treatment Facilities described in Part 679 of this title. In the case of a family care home, the sponsoring agency shall be responsible for complying with requirements applicable to the service provider.

• Existing paragraph 633.14(b)(9) is amended as follows:

(9) Service recipient. Any person receiving services from a developmental center or facility certified by OPWDD, except for those receiving services through a Clinic Treatment Facility described in Part 679 of this title.

1. Statutory Authority:

a. OPWDD has the statutory responsibility to provide and encourage the provision of appropriate programs, supports, and services in the areas of care, treatment, habilitation, rehabilitation, and other education and training of persons with developmental disabilities, as stated in the New York State (NYS) Mental Hygiene Law Section 13.07.

b. OPWDD has the authority to adopt rules and regulations necessary and proper to implement any matter under its jurisdiction as stated in the NYS Mental Hygiene Law Section 13.09(b).

c. OPWDD has the authority to plan, promote, establish, develop, coordinate, evaluate, and conduct programs and services for prevention, diagnosis, examination, care treatment, rehabilitation, training, and research for the benefit of individuals with developmental disabilities and has the authority to take all actions necessary, desirable, or proper to implement the purposes of the Mental Hygiene Law and to carry out the purposes and objectives of OPWDD within available funding, as stated in the NYS Mental Hygiene Law Section 13.15(a).

d. OPWDD has the statutory authority to adopt regulations concerned with the operation of programs and the provision of services, as stated in the NYS Mental Hygiene Law Section 16.00.

2. Legislative Objectives: The regulations further legislative objectives embodied in sections 13.07, 13.09(b), 13.15(a) and 16.00 of the Mental Hygiene Law. The regulations authorize certain exemptions from the tuberculosis testing requirements for service recipients that are only receiving clinical services within an Article 16 clinic. This will prevent delays in care provided to service recipients within Article 16 clinics. Furthermore, facilities encompassed under New York State Public Health Law Article 28, Mental Hygiene Law Article 31, and Mental Hygiene Law Article 32 have similar exemptions from tuberculosis testing requirements.

3. Needs and Benefits: These regulations amend Title 14 NYCRR Section 633.14 to allow service recipients that only receive clinical services in Article 16 clinics to be exempted from the tuberculosis testing requirements. Without this exemption service recipients experience delays in receiving supports and services.

4. Costs:

a. Costs to the Agency and to the State and its local governments:

There is no anticipated impact on Medicaid expenditures as a result of the regulations. The regulations merely exempt service recipients only receiving services within Article 16 clinics from the tuberculosis testing requirements.

These regulations will not have any fiscal impact on local governments, as the contribution of local governments to Medicaid has been capped. Chapter 58 of the Laws of 2005 places a cap on the local share of Medicaid costs and local governments are already paying for Medicaid at the capped level.

There are no anticipated costs to OPWDD in its role as a provider of services to comply with the new requirements. The regulations may result in cost savings because less individuals are required to be tested for tuberculosis.

b. Costs to private regulated parties: There are no anticipated costs to regulated providers to comply with the regulations. The amendments merely exempt service recipients only receiving services within Article 16 clinics from the tuberculosis testing requirements.

5. Local Government Mandates: There are no new requirements imposed by the rule on any county, city, town, village; or school, fire, or other special district.

6. Paperwork: Providers will not experience an increase in paperwork as a result of the regulations.

7. Duplication: The regulations do not duplicate any existing State or Federal requirements on this topic.

8. Alternatives: OPWDD did not consider any other alternatives to the regulations. The regulations are necessary to allow service recipients faster access to Article 16 clinical services.

9. Federal Standards: The amendments do not exceed any minimum standards of the federal government for the same or similar subject areas.

10. Compliance Schedule: OPWDD is planning to adopt the amendments as soon as possible within the timeframes mandated by the State Administrative Procedure Act. The regulations were discussed with and reviewed by representatives of providers in advance of this proposal. OPWDD expects that providers will be in compliance with the requirements at the time of their effective date.

A regulatory flexibility analysis for small businesses and local governments is not submitted because the proposed regulation will not impose any adverse economic impact or reporting, record keeping or other compliance requirements on small businesses. There are no professional services, capital, or other compliance costs imposed on small businesses as a result of these amendments.

The proposed regulation exempts service recipients receiving services within Article 16 clinics from the tuberculosis testing requirements. The regulation proposed will not result in costs or new compliance requirements for regulated parties due to the fact that these exemptions remove a prior legal requirement. Thus, the regulation will not have any adverse effects on providers of small business and local governments.

A Rural Area Flexibility Analysis for this amendment is not being submitted because the regulation will not impose any adverse impact or significant reporting, record keeping or other compliance requirements on public or private entities in rural areas. There are no professional services, capital, or other compliance costs imposed on public or private entities in rural areas as a result of the proposed regulation.

The proposed regulation amends Title 14 NYCRR Section 633.14 and is intended to exempt service recipients who receive only clinical services within an Article 16 clinic from the requirement they be tested for tuberculosis prior to receiving services. The regulation will not result in an adverse impact on rural communities because all Article 16 clinics are treated similarly under the proposed text. Additionally, the scope of the regulation is limited to only Article 16 clinics. Thus, the regulation will not have a substantial impact on jobs or employment opportunities in New York State. The proposed regulation will not result in costs for regulated parties. These amendments eliminate a compliance requirement, thus, no new compliance is required by providers. Therefore, the amendments will not have any adverse effects on providers in rural areas and local governments.

A Job Impact Statement for the proposed regulation is not being submitted because it is apparent from the nature and purpose of the regulation that they will not have a substantial adverse impact on jobs and/or employment opportunities.

The proposed amendment of Title 14 NYCRR Section 633.14 is intended to exempt service recipients that only receive clinical services within Article 16 clinics from the tuberculosis testing requirement. No new compliance measures would be required for providers since this regulation eliminates a compliance measure. Additionally, the scope of the regulation is limited to only Article 16 clinics. Thus, the regulation will not have a substantial impact on jobs or employment opportunities in New York State.